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"Highlighting of the stop-and-frisk technique as a method of stopping crime only reinforces the use of unconstitutional practices," he said.
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"In each of the places where we concluded that there were patterns of violations, we found widespread use of the unconstitutional practice as well as deficiencies in the systems of training, hiring, accountability and policy that lead to those violations," Smith said.
The complaint also claims that Tucker has expanded a number of the most disturbing practices, such as the use of "unconstitutional racially discriminatory roadblocks".
"In a 163-page report, the Justice Department laid out extensive evidence of unconstitutional policing practices including unlawful stops, searches, and arrests; racial disparities in the rates of stops, searches and arrests; and use of excessive force.
It has conducted high-profile investigations of unconstitutional policing practices in cities including New Orleans, Ferguson and Baltimore ― where police routinely performed unconstitutional searches and where officers who engaged in misconduct weren't held accountable, according to an August report. .
At best, these are feeble acts of deflecting responsibility, rather than accepting it and reforming unconstitutional practices.
"We are particularly interested," the letter continued, "in highlighting instances of abuse by our government and in developing systematic litigation to challenge its unconstitutional practices".
Slovenly and unconstitutional practices can convict the "right" person, but this should give no comfort to the rest of us.
Alarmist arguments about foreign judges and unconstitutional practices ignore reality.
Kamm was charged on the basis of using symbols of "unconstitutional organisations".
Congress, for its part, may be talking a good game on criminal justice reforms, but there are still a large group of fire-breathing Republicans who are upset President Obama used his commutation power to "continue this Administration's plainly unconstitutional practice of picking and choosing which laws to enforce and which to change".
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